NRS 47.030Purposes of title 4 of NRS.The
purposes of this title are to secure fairness in administration, elimination of
unjustifiable expense and delay, and promotion of growth and development of the
law of evidence to the end that the truth may be ascertained and proceedings
justly determined.

(Added to NRS by 1971, 775)

NRS 47.040Rulings on evidence: Effect of error.

1. Except as otherwise provided in
subsection 2, error may not be predicated upon a ruling which admits or
excludes evidence unless a substantial right of the party is affected, and:

(a) In case the ruling is one admitting evidence,
a timely objection or motion to strike appears of record, stating the specific
ground of objection.

(b) In case the ruling is one excluding evidence,
the substance of the evidence was made known to the judge by offer or was
apparent from the context within which questions were asked.

2. This section does not preclude taking
notice of plain errors affecting substantial rights although they were not
brought to the attention of the judge.

(Added to NRS by 1971, 775)

NRS 47.050Rulings on evidence: Record of offer and ruling.The judge may add any other or further
statement which shows the character of the evidence, the form in which it was
offered, the objection made and the ruling thereon. The judge may direct the
making of an offer in question and answer form, and on request shall do so in
actions tried without a jury, unless it clearly appears that the evidence is
not admissible on any ground or is privileged.

(Added to NRS by 1971, 776)

NRS 47.060Preliminary questions of admissibility: Determination.

1. Preliminary questions concerning the
qualification of a person to be a witness, the existence of a privilege or the
admissibility of evidence shall be determined by the judge, subject to the
provisions of NRS 47.070.

2. In making a determination the judge is
not bound by the provisions of this title except the provisions of chapter 49 of NRS with respect to privileges.

1. When the relevancy of evidence depends
upon the fulfillment of a condition of fact, the judge shall admit it upon the
introduction of evidence sufficient to support a finding of the fulfillment of
the condition.

2. If under all the evidence upon the
issue the jury might reasonably find that the fulfillment of the condition is
not established, the judge shall instruct the jury to consider the issue and to
disregard the evidence unless they find the condition was fulfilled.

3. If under all the evidence upon the
issue the jury could not reasonably find that the condition was fulfilled, the
judge shall instruct the jury to disregard the evidence.

(Added to NRS by 1971, 776)

NRS 47.080Determinations of admissibility: Hearing of jury.In jury cases, hearings on preliminary
questions of admissibility, offers of proof in narrative or question and answer
form, and statements of the judge showing the character of the evidence shall
to the extent practicable, unless further restricted by NRS
47.090, be conducted out of the hearing of the jury, to prevent the
suggestion of inadmissible evidence.

(Added to NRS by 1971, 776)

NRS 47.090Preliminary hearings on confessions and evidence.Preliminary hearings on the admissibility of
confessions or statements by the accused or evidence allegedly unlawfully
obtained shall be conducted outside the hearing of the jury. The accused does
not by testifying at the hearing subject himself or herself to
cross-examination as to other issues in the case. Testimony given by the
accused at the hearing is not admissible against the accused on the issue of
guilt at the trial.

(Added to NRS by 1971, 776)

NRS 47.100Weight and credibility.NRS 47.060 to 47.090,
inclusive, do not limit the right of a party to introduce before the jury
evidence relevant to weight or credibility.

(Added to NRS by 1971, 776)

NRS 47.110Limited admissibility.When
evidence which is admissible as to one party or for one purpose but
inadmissible as to another party or for another purpose is admitted, the judge,
upon request, shall restrict the evidence to its proper scope and instruct the
jury accordingly.

(Added to NRS by 1971, 776)

NRS 47.120Remainder of writings or recorded statements.

1. When any part of a writing or recorded
statement is introduced by a party, the party may be required at that time to
introduce any other part of it which is relevant to the part introduced, and
any party may introduce any other relevant parts.

2. This section does not limit
cross-examination.

(Added to NRS by 1971, 776)

JUDICIAL NOTICE

NRS 47.130Matters of fact.

1. The facts subject to judicial notice
are facts in issue or facts from which they may be inferred.

2. A judicially noticed fact must be:

(a) Generally known within the territorial
jurisdiction of the trial court; or

1. The Constitution and statutes of the
United States, and the contents of the Federal Register.

2. The Constitution of this State and
Nevada Revised Statutes.

3. Any other statute of this State if brought
to the attention of the court by its title and the day of its passage.

4. A county, city or town code which has
been filed as required by NRS 244.118, 268.014, 269.168 or the city charter and any city
ordinance which has been filed or recorded as required by the applicable law.

5. The Nevada Administrative Code.

6. A regulation not included in the Nevada
Administrative Code if adopted in accordance with law and brought to the
attention of the court.

7. The population category and
organization of a city incorporated pursuant to general law.

8. The constitution, statutes or other
written law of any other state or territory of the United States, or of any
foreign jurisdiction, as contained in a book or pamphlet published by its
authority or proved to be commonly recognized in its courts.

1. A judge or court may take judicial
notice, whether requested or not.

2. A judge or court shall take judicial
notice if requested by a party and supplied with the necessary information.

(Added to NRS by 1971, 777)

NRS 47.160Opportunity to be heard.A
party is entitled upon timely request to an opportunity to be heard as to the
propriety of taking judicial notice and the tenor of the matter to be noticed.

(Added to NRS by 1971, 777)

NRS 47.170Time of taking notice.Judicial
notice may be taken at any stage of the proceeding prior to submission to the
court or jury.

(Added to NRS by 1971, 777)

PRESUMPTIONS

NRS 47.180Presumptions generally: Effect; direct evidence.

1. A presumption, other than a presumption
against the accused in a criminal action, imposes on the party against whom it
is directed the burden of proving that the nonexistence of the presumed fact is
more probable than its existence.

2. As applied to presumptions, “direct
evidence” means evidence which tends to establish the existence or nonexistence
of the presumed fact independently of the basic facts.

(Added to NRS by 1971, 777)

NRS 47.190Determination on evidence of basic facts.When a presumption is made conclusive by
statute or no direct evidence is introduced contrary to the existence of the
presumed fact, the question of the existence of the presumed fact depends upon
the existence of the basic facts and is determined as follows:

1. If reasonable minds would necessarily
agree that the evidence renders the existence of the basic facts more probable
than not, the judge shall direct the jury to find in favor of the existence of
the presumed fact.

2. If reasonable minds would necessarily
agree that the evidence does not render the existence of the basic facts more
probable than not, the judge shall direct the jury to find against the
existence of the presumed fact.

3. If reasonable minds would not
necessarily agree as to whether the evidence renders the existence of the basic
facts more probable than not, the judge shall submit the matter to the jury
with an instruction to find in favor of the existence of the presumed fact if
they find from the evidence that the existence of the basic facts is more
probable than not, but otherwise to find against the existence of the presumed
fact.

(Added to NRS by 1971, 777)

NRS 47.200Determination on evidence of presumed fact: Where basic facts
established.When reasonable minds
would necessarily agree that the evidence renders the existence of the basic
facts more probable than not, but direct evidence is introduced contrary to the
existence of the presumed fact, the question of the existence of the presumed
fact is determined as follows:

1. If reasonable minds would necessarily
agree that the direct evidence renders the nonexistence of the presumed fact
more probable than not, the judge shall direct the jury to find against the
existence of the presumed fact.

2. If reasonable minds would necessarily
agree that the direct evidence does not render the nonexistence of the presumed
fact more probable than not, the judge shall direct the jury to find in favor
of the presumed fact.

3. If reasonable minds would not
necessarily agree as to whether the direct evidence renders the nonexistence of
the presumed fact more probable than not, the judge shall submit the matter to
the jury with an instruction to find in favor of the existence of the presumed
fact unless they find from the direct evidence that its nonexistence is more
probable than its existence, in which event they should find against its
existence.

(Added to NRS by 1971, 778)

NRS 47.210Determination on evidence of presumed fact: Where basic facts
lacking.When reasonable minds
would necessarily agree that the evidence does not render the existence of the
basic facts more probable than not, but direct evidence is introduced
concerning the existence of the presumed fact, the judge shall submit the
matter to the jury with an instruction to determine the existence of the
presumed fact from the direct evidence without reference to the presumption.

(Added to NRS by 1971, 778)

NRS 47.220Determination on evidence of presumed fact: Where basic facts
doubtful.When reasonable minds
would not necessarily agree as to whether the evidence renders the existence of
the basic facts more probable than not, and direct evidence is introduced
concerning the existence of the presumed fact, the question of the existence of
the presumed fact is determined as follows:

1. If reasonable minds would necessarily
agree that the direct evidence renders the existence of the presumed fact more
probable than not, the judge shall direct the jury to find in favor of the
existence of the presumed fact.

2. If reasonable minds would necessarily
agree that the direct evidence renders the nonexistence of the presumed fact
more probable than not, the judge shall direct the jury to find against the
existence of the presumed fact.

3. If reasonable minds would not
necessarily agree that the direct evidence renders the nonexistence of the
presumed fact more probable than not, the judge shall submit the matter to the
jury with an instruction to find in favor of the existence of the presumed fact
if they find from the evidence that the existence of the basic facts is more
probable than not and unless they find the nonexistence of the presumed fact
more probable than not, otherwise to find against the existence of the presumed
fact.

(Added to NRS by 1971, 778)

NRS 47.230Presumptions against accused in criminal actions.

1. In criminal actions, presumptions
against an accused recognized at common law or created by statute, including
statutory provisions that certain facts are prima facie evidence of other facts
or of guilt, are governed by this section.

2. The judge shall not direct the jury to
find a presumed fact against the accused. When the presumed fact establishes
guilt or is an element of the offense or negatives a defense, the judge may
submit the question of guilt or of the existence of the presumed fact to the
jury, if, but only if, a reasonable juror on the evidence as a whole, including
the evidence of the basic facts, could find guilt or the presumed fact beyond a
reasonable doubt. Under other presumptions, the existence of the presumed fact
may be submitted to the jury if the basic facts are supported by substantial
evidence, or are otherwise established, unless the evidence as a whole
negatives the existence of the presumed fact.

3. Whenever the existence of a presumed
fact against the accused is submitted to the jury, the judge shall give an
instruction that the law declares that the jury may regard the basic facts as
sufficient evidence of the presumed fact but does not require it to do so. In
addition, if the presumed fact establishes guilt or is an element of the
offense or negatives a defense, the judge shall instruct the jury that its
existence must, on all the evidence, be proved beyond a reasonable doubt.

(Added to NRS by 1971, 779)

NRS 47.240Conclusive presumptions.The
following presumptions, and no others, are conclusive:

1. A malicious and guilty intent, from the
deliberate commission of an unlawful act, for the purpose of injuring another.

2. The truth of the fact recited, from the
recital in a written instrument between the parties thereto, or their
successors in interest by a subsequent title, but this rule does not apply to
the recital of a consideration.

3. Whenever a party has, by his or her own
declaration, act or omission, intentionally and deliberately led another to
believe a particular thing true and to act upon such belief, the party cannot,
in any litigation arising out of such declaration, act or omission, be
permitted to falsify it.

4. A tenant is not permitted to deny the
title of his or her landlord at the time of the commencement of the relation.

5. The judgment or order of a court, when
declared by titles 2, 3 and 6 of NRS to be conclusive; but such judgment or
order must be alleged in the pleadings if there is an opportunity to do so; if
there is no such opportunity, the judgment or order may be used as evidence.

6. Any other presumption which, by
statute, is expressly made conclusive.

(Added to NRS by 1971, 779)

NRS 47.250Disputable presumptions.All
other presumptions are disputable. The following are of that kind:

1. That an unlawful act was done with an
unlawful intent.

2. That a person intends the ordinary
consequences of that person’s voluntary act.

3. That evidence willfully suppressed
would be adverse if produced.

4. That higher evidence would be adverse
from inferior being produced.

5. That money paid by one to another was
due to the latter.

6. That a thing delivered by one to
another belonged to the latter.

7. That things which a person possesses
are owned by that person.

8. That a person is the owner of property
from exercising acts of ownership over it, or from common reputation of that
ownership.

9. That official duty has been regularly
performed.

10. That a court or judge, acting as such,
whether in this State or any other state or country, was acting in the lawful
exercise of the court’s or judge’s jurisdiction.

11. That a judicial record, when not
conclusive, does still correctly determine or set forth the rights of the
parties.

12. That a writing is truly dated.

13. That a letter duly directed and mailed
was received in the regular course of the mail.

14. That a person not heard from in 3
years is dead.

15. That a child born in lawful wedlock is
legitimate.

16. That the law has been obeyed.

17. That a trustee or other person, whose
duty it was to convey real property to a particular person, has actually
conveyed to that person, when such presumption is necessary to perfect the
title of such person or a successor in interest.

18. In situations not governed by the
Uniform Commercial Code:

(a) That an obligation delivered up to the debtor
has been paid.

(b) That private transactions have been fair and
regular.

(c) That the ordinary course of business has been
followed.

(d) That there was good and sufficient
consideration for a written contract.